Reports of Cases in Bankruptcy: Decided by the Lord Chancellor Brougham, the Court of Review, and Subdivision Courts, with a Digest of the Cases Reported in this Volume, and of the Contemporary Cases Relating to Bankruptcy Decided in All the Other Courts, Bind 1Henry Butterworth, 1834 |
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Side 39
... costs of the ex- aminations referred to in the petition , and also the costs of all parties of and occasioned by the said application ; and , upon the supersedeas of the commission , under the circumstances therein - before mentioned ...
... costs of the ex- aminations referred to in the petition , and also the costs of all parties of and occasioned by the said application ; and , upon the supersedeas of the commission , under the circumstances therein - before mentioned ...
Side 40
... costs of the said examinations , and also the costs of all and another . parties of and occasioned by that application ; " and that the petitioners were advised , that by such order it should have been directed that , upon the ...
... costs of the said examinations , and also the costs of all and another . parties of and occasioned by that application ; " and that the petitioners were advised , that by such order it should have been directed that , upon the ...
Side 41
... costs of the petition , but out of what fund they shall be paid , a rehearing as to costs will lie . A fortiori there may be a rehearing as to expences incurred which were a substantive part of the relief prayed by the original petition ...
... costs of the petition , but out of what fund they shall be paid , a rehearing as to costs will lie . A fortiori there may be a rehearing as to expences incurred which were a substantive part of the relief prayed by the original petition ...
Side 42
... costs and expences cannot be doubted , in a case of fraud , as is the present ; and such was the usual order when a commission was superseded for concert . We submit , therefore , that the general rule , not to rehear for costs , is ...
... costs and expences cannot be doubted , in a case of fraud , as is the present ; and such was the usual order when a commission was superseded for concert . We submit , therefore , that the general rule , not to rehear for costs , is ...
Side 43
... costs affected the merits of the case , the justness of which is on the defendant's side . " - The CHIEF JUDGE : If this case were now before the Court for the first time , and the question had been , Whether the petitioning creditor ...
... costs affected the merits of the case , the justness of which is on the defendant's side . " - The CHIEF JUDGE : If this case were now before the Court for the first time , and the question had been , Whether the petitioning creditor ...
Almindelige termer og sætninger
accommodation bills act of bankruptcy action affidavit allowance amount appears apply bank bankrupt bill bond certificate CHIEF JUDGE circumstances claim commission issued commissioners committed consent contingency contract costs court of equity Court of Review debt decided decision deed dismissed dividends entitled equity Ex parte DAVY Ex parte MARSHALL Ex parte WATKINS examination executor expunge fact Fauntleroy fiat Henry Sudell insolvent joint estate judgment jurisdiction Keating Lancaster Canal lease liable Lord Chancellor Lord Eldon Lord Lyndhurst LOSCOMBE Maberly Marsh matter of Fox Montagu mortgage notice objection official assignee opinion paid partnership party payable payment person peti petition to supersede petitioner petitioning creditor plaintiff prayed present proof prove proveable purchase question received rule rupt ruptcy separate estate signees sioners Sir George Rose Sir John Cross solicitor solvent partner statute Subdivision Court supersedeas Swanston tion trustees Vanzeller
Populære passager
Side 24 - ... provided the person so dealing with the bankrupt had not at the time of such payment to...
Side 4 - ... all executions and attachments against the lands and tenements, or goods and chattels, of such bankrupt, bona fide executed or levied more than two calendar months before the issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed...
Side 612 - ... assumpsit, for money had and received by the defendant to the plaintiff's use...
Side 491 - Majesty, or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are, by the law of England, liable to the satisfaction of debts due by bond or other specialty...
Side 409 - Ireland, whereof the bankrupt is seised of any estate tail in possession, reversion or remainder, and whereof no reversion or remainder is in the Crown, the gift or provision of the Crown...
Side 169 - Co., after enumerating all the charges on the cargo and ship, therein charged to the plaintiff a commission of two and a half per cent. 'on the amount of the goods and charges.
Side 551 - By the 56th section itis enacted, that if any bankrupt shall, before the issuing of the commission, have contracted any debt payable upon a contingency which shall not have happened before the issuing of such commission, the person with whom such debt has been contracted may, if he think fit, apply to the Commissioners to set a value upon such debt, and the Commissioners are required to ascertain the value thereof, and to admit such person to prove the amount so ascertained...
Side ix - I hold every man a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereunto.
Side 135 - Court is hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon...
Side 531 - That in all joint Commissions under which any Partner shall have obtained his Certificate, if a sufficient Dividend shall have been paid upon the joint Estate, and upon the separate Estate of such Partner, he shall be entitled to his Allowance, although his other Partner or Partners may not be entitled to any Allowance.